My
son, who has a learning disability, is in trouble at school. It seems
that one boy brought a bottle of root beer to school and shared it with
my son and another boy. The student who brought the bottle to school mentioned
that root beer may contain alcohol.

After
hearing that root beer may contain alcohol, my son notified school officials
during lunch (about two hours after the incident).

During the
investigation, it was alleged that my son had a drink of root beer. The
school expelled all three boys and is trying to expel them for an entire
semester.

We requested
a Manifestation hearing and appeal. Because of this, my son has remained
in school.

I have consulted
with an attorney who has experience with other types of special education
law but not with discipline. Can you cite cases or other administrative
findings that support your comments? If I have solid information to take
to the school heaing, I may be able to put an end to this episode.

This incident
occurred less than two weeks after my son entered high school. For any
student, such severe punishment is uncalled for. For a child with serious
learning disabilities, this type of "discipline" may cause him to drop
out and end his chances for an education.

The
Answer

Zero
Tolerance Policies: Defining Deviancy Down

The situation
you describe is absurd and can have tragic consequences for children like
your son. Recently, Pam read an article by former New York Senator Daniel
Moynihan about "defining deviancy down." This concept applies to
the "zero tolerance" policies that many school administrators have embraced.

Schools administrators
are supposed to maintain a safe school environment - and keep guns out
of schools. But because they have "defined deviancy down," they
are suspending and expel kids for bringing plastic knives in lunchboxes,
water pistols in backpacks, tiny plastic toy guns from gumball machines
- and for drinking root beer.

Weapons
and Illegal Drugs

Did
your son bring a weapon to school? No.

Did your son bring illegal drugs to school? (Not aspirin, not alka selzer,
not medicine prescribed by his doctor) No.

Bringing
a weapon or illegal drugs to school is the basis for placing a child in
an alternative placement for up to 45 days. During the 45 day alternative
placement, schools must continue to provide IDEA children with a free
appropriate education. The law is very clear about this.

Discipline
is a hot topic. In
the discipline
article you read, I added comments to the "plain language" of the
statute.

1.
Get a copy of our book, Wrightslaw:
Special Education Law. The book includes a more comprehensive
discussion of discipline issues. Wrightslaw:
Special Education Law also includes a casebook of decisions from
the U. S. Supreme Court, including Honig v. Doe. You may want to
order two copies - one for yourself and one for your attorney.

3. Get
an independent evaluation of your son by a private sector expert - child
psychologist. (Ask around to see who has a good reputation for doing
quality evaluations on kids.)

Does your
son have other problems, i.e., ADHD? Is the school teaching your son the
skills he will need as an adult?

A good private sector expert can be an effective advocate for your son,
and get you "out of the loop". This person can explain why your
son's behavior (drinking root beer) did not violate school rules. Or,
if your son did violate school rules (i.e., brought alcoholic beverages
to school), the private sector expert can link his behavior to his disability
(LD and/or ADHD).

3. Try
to find a copy of "Discipline in the School" by Eric Hartwig and Gary
Ruesch, was published in 1994 by LRP Publications. This the best book
I've read about this area of law and will be very helpful to you and your
attorney.

The chapter on "Positive Educational Alternatives to Traditional Discipline"
begins with this statement:

"Regrettably,
the strongest force against developing alternatives to traditional discipline
is inertia, since everything that is done now is based on what was done
in the past."

(We planned
to add "Discipline in the School" to the Advocate's
Bookstore but it seems to be out of print.) If
you call LRP (800-341-7874), they may have a few extra copies available.

4. Search
the website for information about discipline, expulsion, and suspensions.